Costillo v. Thompson
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Ejectment by the defendant in error, for a lot of land in Mobile. The plaintiff below relied on a deed executed to him by the coroner, on the 8th December, 1843, upon a .sale under a judgment of Steele & Bancroft, executors of J. Mc-Clary, against James Keho, obtained in the Circuit Court of Mobile, on the .... day of.......
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Error to the Circuit Court of Mobile. Ejectment by the defendant in error, for a lot of land in Mobile. The plaintiff below relied on a deed executed to him by the coroner, on the 8th December, 1843, upon a .sale under a judgment of Steele & Bancroft, executors of J. Mc-Clary, against James Keho, obtained in the Circuit Court of Mobile, on the .... day of....... The defendant introduced a judgment against Keho, in favor of Jonathan Emanuel, obtained in the Circuit Court of Mobile, on the 29th April, 1841, and sheriff’s deed to Costillo, dated the 6th September, 1842, for the premises. It was…
1Opinion of the CourtOsmond, J.
There can be no doubt that the court erred in its charge to the jury, that if they believed the evidence, they must find for the plaintiff. The evidence referred to by the court, was the testimony relating to the conduct of Costillo, at the execution sale, when he became the purchaser of the land in controversy — which was, causing the trust deed from Keho, to him, and his deed from the sheriff for the land when sold for the taxes, to be read, and informing the persons assembled at the sale, that he claimed the land, and if they purchased it, they would buy a law suit. Whether this conduct of…
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- Swift v. FitzhughSupreme Court of Alabama · 1839
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3Cited by16 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
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